Wells Fargo Bank, N.A. v Ciafone, 2020 NY Slip Op 06581 [188 AD3d 959]

November 12, 2020

Appellate Division, Second Department

[*1]

Wells Fargo Bank, National Association, Appellant,

v

John Ciafone, Respondent, et al., Defendants.

McCarter & English, LLP, New York, NY (Adam M. Swanson and Jessie D. Bonaros of counsel), for appellant.

Michael Kennedy Karlson, New York, NY, for respondent.

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Queens County (Chere� A. Buggs, J.), entered March 13, 2018. The order, insofar as appealed from, denied that branch of the plaintiff’s motion which was pursuant to CPLR 5015 (a) (3) to vacate an order of the same court dated October 17, 2016.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

The appeal from the order entered March 13, 2018, has been rendered academic in light of our determination on a related appeal from an order of the same court dated January 24, 2017 ( see Wells Fargo Bank, N.A. v Ciafone , 188 AD3d 957 [2020] [decided herewith]). Dillon, J.P., Maltese, Barros and Connolly, JJ., concur..